Class Action Looks to Create Medical Monitoring Program for Those Exposed to Limetree Bay Refinery Emissions in St. Croix

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A proposed class action alleges Limetree Bay’s attempts to prematurely restart a refinery that sat idle for nearly a decade have caused tons of airborne chemical emissions to flow downwind into the west end of St. Croix in the U.S. Virgin Islands. 

The 17-page lawsuit, filed in the Superior Court of the Virgin Islands, Division of St. Croix, alleges the activities of Limetree Bay Ventures, Limetree Bay Terminals and Limetree Bay Refining at the Hovensa petroleum refinery have emitted into the neighboring air rotten egg-smelling sulfur dioxide, sulfur oxides, particulate matter and oil droplets—“all of which are harmful to human health,” the suit says. The plaintiffs look to establish a medical monitoring program whereby residents and tourists alike who were exposed to Limetree’s emissions can receive routine testing and physician visits to ensure their health does not suffer. 

“Early disease detection is crucial,” the suit says. “A robust medical monitoring program can improve health outcomes by ensuring that exposed persons are routinely assessed by appropriately trained medical professionals who are equipped with the necessary diagnostic and screening tools, and who are well positioned to assess exposed persons’ health outcomes over time.” 

The plaintiffs contend that the costs of medical monitoring “should not be borne by the innocent” given the defendants “created and emitted the pollution; they should make it right.” 

According to the case, Limetree began to restart the refinery in 2018 with the intention of tapping into a rising demand for low-sulfur fuels in Latin America and the Caribbean. The restart of the refinery ran significantly behind schedule, however, and the delay threatened Limetree’s financial viability, the lawsuit relays. Limetree announced on February 1, 2021 that refinery operations had resumed and that the company has begun production and commercial sales of refined products, per the case.

Since February 2020, though, the defendants have experienced at the refinery “several major mishaps” that have caused significant amounts of airborne chemical emissions and oil releases, the suit says, with nearby residents complaining on multiple occasions of “an oily residue that rained on their properties” and an “unsettling odor” that’s caused them to fall ill. 

The suit goes on to state that the Virgin Islands Department of Health issued on April 24, 2021 a press release warning the community of the potential health effects from the refinery’s emissions. Noted in the press release was that Limetree had confirmed elevated concentrations of hydrogen sulfide and encouraged those nearby to report symptoms.

The complaint claims the defendants have been operating the refinery without having in place sulfur dioxide monitors, meaning Limetree cannot properly track the amounts emitted into surrounding communities. The odor emitted from the refinery grew so severe that the Virgin Islands Department of Education closed three schools for multiple days, the lawsuit says. 

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